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Myanmar: UNHCR promotes first significant steps towards citizenship for disenfranchised minority

News Stories, 23 July 2007

© UNHCR/K.McKinsey
Inside a school in Sin Oh Alel in Myanmar's northern Rakhine state, local government officials distribute laminated handwritten identity cards (Temporary Registration Certificates) to local Muslim residents, as curious girls watch through an open window.

SIN OH ALEL HAMLET, Myanmar, 23 July (UNHCR) It's been a good day for 19-year-old Noor Hakim. He's just secured a government identity document, vital for doing almost anything in a country focused on formal papers.

"Now I can travel," said Noor Hakim, a Muslim student. "It can also be useful to apply for marriage permission," he added, holding the laminated Temporary Registration Certificate (TRC) he had just received from a government official in this hamlet in northern Rakhine state.

Providing identity documents to an initial 35,000 Rohingyas with more to follow is the culmination of a five-year effort by UNHCR to ameliorate the effects of statelessness for the region's Muslims, who are known to the outside world as Rohingyas.

Most have never had any official ID card. "We have been waiting 15 or 16 years for it," said one man in this hamlet. "For the older people, the wait has been even longer." About 200,000 persons in the area are estimated to need identity documents.

With a U.S. contribution of $689,000, UNHCR is providing logistical support to the operation, as well as a photographer and photocopy and lamination machines to aid in the laborious process of handwriting thousands of TRCs. The government declined the UN refugee agency's offer to produce hi-tech cards with biometrics and security features because its ordinary ID cards issued to other citizens do not live up to that standard. Importantly, UNHCR managed to persuade village authorities to issue the TRCs free of charge.

Although Muslims make up 76 percent of the population of northern Rakhine state, the Myanmar government does not consider them citizens, and prefers to call them "residents of Rakhine state." It even rejects the terminology "residents of Myanmar," because it does not want to imply they have the right to live anywhere in the country.

Denial of citizenship to the Muslim minority" has seriously curtailed the full exercise of their civil, political, economic, social and cultural rights and led to various discriminatory practices," the UN Special Rapporteur on human rights in Myanmar, Paulo Sergio Pinheiro, said in an April statement signed by five other UN human rights experts. It cited severe restrictions on freedom of movement; various forms of extortion and arbitrary taxation; land confiscation and forced evictions; restricted access to medical care, food and adequate housing; forced labour; and restrictions on marriages.

UNHCR has been present in northern Rakhine state for the past 13 years, monitoring the welfare of more than 230,000 Muslim former refugees who returned from next-door Bangladesh from 1992 onwards. They had originally fled Myanmar in 1991, and some 26,000 remain in UNHCR-run camps in Bangladesh.

"In addition to monitoring returnees in northern Rakhine state, we have increasingly become involved with the larger stateless population as part of UNHCR's mandate to prevent and end statelessness around the world," said Jean-François Durieux, the refugee agency's Representative in Yangon.

"In Myanmar we have the largest UNHCR programme of assistance to stateless persons," he said. "In this context, the issuance of TRCs could be an important step towards a clear legal identity, and eventually acquiring full citizenship."

What is clear is that government documents reign supreme in northern Rakhine state, where a vast number of written and unwritten discriminatory rules govern the lives of Muslim residents.

The region's Muslims must apply for written permission to travel out of their home villages, and another permission document to sleep overnight in another village.

Marrying without permission and permission is often denied or delayed can bring hefty fines and prison sentences and turns children of such "illegal" marriages into stateless non-persons. For the poverty-stricken Muslims of Rakhine state, complying with the myriad restrictions requires an onerous and mostly unofficial payment every step of the way.

The Temporary Registration Certificate a document issued under the citizenship law will help the Muslims of at least eight village tracts (where the first TRCs are being issued) comply with regulations. "We hope this is a first step towards mainstreaming the area's residents into Myanmar society," said Durieux.

"The more papers they have to prove their identity, the more it will help them in the long run," added Jayshree Jayanand, acting head of the UNHCR office in Maungdaw, who observed the distribution of TRCs in this hamlet.

The UN refugee agency is taking steps on another front to try to end statelessness here by funding Myanmar language classes. They give Rohingyas a leg up because speaking Myanmar is a precondition to naturalization under the citizenship law.

Shanuwar Begom, an 18-year-old graduate of a UNHCR-funded Myanmar language course, said "it helped a lot because now I know how to read and write my name and my family's name and I can read some written papers. It will help a lot in dealing with the authorities." She is, she added, the only one of the 11 people in her extended family who can read or write at all, because the Rohingyas' local dialect has no script.

By Kitty McKinsey in northern Rakhine state, Myanmar

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Helping the World's Stateless People

Statelessness brochure coverAnswers to some of the most commonly asked questions about stateless people and what UNHCR does to help them, published 2011.

Stateless People

Millions of stateless people are left in a legal limbo, with limited basic rights.

UN Conventions on Statelessness

The two UN statelessness conventions are the key legal instruments in the protection of stateless people around the world.

Statelessness in Kyrgyzstan

Two decades after the disintegration of the Soviet Union, thousands of people in former Soviet republics like Kyrgyzstan are still facing problems with citizenship. UNHCR has identified more than 20,000 stateless people in the Central Asian nation. These people are not considered as nationals under the laws of any country. While many in principle fall under the Kyrgyz citizenship law, they have not been confirmed as nationals under the existing procedures.

Most of the stateless people in Kyrgyzstan have lived there for many years, have close family links in the country and are culturally and socially well-integrated. But because they lack citizenship documents, these folk are often unable to do the things that most people take for granted, including registering a marriage or the birth of a child, travelling within Kyrgyzstan and overseas, receiving pensions or social allowances or owning property. The stateless are more vulnerable to economic hardship, prone to higher unemployment and do not enjoy full access to education and medical services.

Since independence in 1991, Kyrgyzstan has taken many positive steps to reduce and prevent statelessness. And UNHCR, under its statelessness mandate, has been assisting the country by providing advice on legislation and practices as well as giving technical assistance to those charged with solving citizenship problems. The refugee agency's NGO partners provide legal counselling to stateless people and assist them in their applications for citizenship.

However, statelessness in Kyrgyzstan is complex and thousands of people, mainly women and children, still face legal, administrative and financial hurdles when seeking to confirm or acquire citizenship. In 2009, with the encouragement of UNHCR, the government adopted a national action plan to prevent and reduce statelessness. In 2011, the refugee agency will help revise the plan and take concrete steps to implement it. A concerted effort by all stakeholders is needed so that statelessness does not become a lingering problem for future generations.

Statelessness in Kyrgyzstan

Statelessness in Viet Nam

Viet Nam's achievements in granting citizenship to thousands of stateless people over the last two years make the country a global leader in ending and preventing statelessness.

Left stateless after the 1975 collapse of the bloody Khmer Rouge regime in Cambodia, nearly 1,400 former Cambodian refugees received citizenship in Viet Nam in 2010, the culmination of five years of cooperation between the Office of the UN High Commissioner for Refugees and the Vietnamese government. Most of the former refugees have lived in Viet Nam since 1975, all speak Vietnamese and have integrated fully. Almost 1,000 more are on track to get their citizenship in the near future. With citizenship comes the all-important family registration book that governs all citizens' interactions with the government in Viet Nam, as well as a government identification card. These two documents allow the new citizens to purchase property, attend universities and get health insurance and pensions. The documents also allow them to do simple things they could not do before, such as own a motorbike.

Viet Nam also passed a law in 2009 to restore citizenship to Vietnamese women who became stateless in the land of their birth after they married foreign men, but divorced before getting foreign citizenship for them and their children.

UNHCR estimates that up to 12 million people around the world are currently stateless.

Statelessness in Viet Nam

Statelessness among Brazilian Expats

Irina was born in 1998 in Switzerland, daughter of a Brazilian mother and her Swiss boyfriend. Soon afterwards, her mother Denise went to the Brazilian Consulate in Geneva to get a passport for Irina. She was shocked when consular officials told her that under a 1994 amendment to the constitution, children born overseas to Brazilians could not automatically gain citizenship. To make matters worse,the new-born child could not get the nationality of her father at birth either. Irina was issued with temporary travel documents and her mother was told she would need to sort out the problem in Brazil.

In the end, it took Denise two years to get her daughter a Brazilian birth certificate, and even then it was not regarded as proof of nationality by the authorities. Denise turned for help to a group called Brasileirinhos Apátridas (Stateless Young Brazilians), which was lobbying for a constitutional amendment to guarantee nationality for children born overseas with at least one Brazilian parent.

In 2007, Brazil's National Congress approved a constitutional amendment that dropped the requirement of residence in Brazil for receiving citizenship. In addition to benefitting Irina, the law helped an estimated 200,000 children, who would have otherwise been left stateless and without many of thebasic rights that citizens enjoy. Today, children born abroad to Brazilian parents automatically receive Brazilian nationality at birth.

"As a mother it was impossible to accept that my daughter wasn't considered Brazilian like me and her older brother, who was also born in Switzerland before the 1994 constitutional change," said Denise. "For me, the fact that my daughter would depend on a tourist visa to live in Brazil was an aberration."

Irina shares her mother's discomfort. "It's quite annoying when you feel you belong to a country and your parents only speak to you in that country's language, but you can't be recognized as a citizen of that country. It feels like they are stealing your childhood," the 12-year-old said.

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